Activity in Kerchner et al v Obama & Congress et al Lawsuit: The defendants' motion to dismiss the lawsuit was filed today and is posted on the PACER system as Document 27. A copy of defendants' motion and supporting brief are available in the right frame of this blog. We all know that we have seen months of stalling from the defendants. We fully expected this dismissal motion which Obama has previously used when he was a mere candidate. The difference now is that Obama is the putative President and not simply a candidate with a 1st Amendment right to run for political office. As the putative President, Obama must show that he is qualified under Article II of our Constitution. We also know that Congress failed to exercise its Constitutional duty to properly vet Obama prior to confirming him as President at the Joint Session. The motion return date is July 20, 2009. We, of course, will file opposition to their dismissal motion prior to that date. I will comment more later after I have had a chance to fully study the motion and supporting brief in greater detail.
Read the motion and supporting brief here: http://www.scribd.com/doc/16831085/
Mario Apuzzo, Esq.
185 Gatzmer Avenue
Jamesburg NJ 08831
Email: apuzzo [AT] erols.com
TEL: 732-521-1900 ~ FAX: 732-521-3906
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